Yue v. Chordiant Software, Inc., et al

Filing 355

ORDER by Magistrate Judge Howard R. Lloyd (1) granting 349 plaintiffs' motion for leave to file responsive letter; and (2) clarifying 345 December 16, 2009 order. (hrllc2, COURT STAFF) (Filed on 12/22/2009)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NETBULA, LLC and DONGXIAO YUE, v. Plaintiffs, No. C08-00019 JW (HRL) ORDER (1) GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE RESPONSIVE LETTER; AND (2) CLARIFYING DECEMBER 16, 2009 ORDER [Re: Docket No. 349] *E-FILED 12-22-2009*

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CHORDIANT SOFTWARE, INC., STEVEN R. SPRINGSTEEL, and DEREK P. WITTE, Defendants. /

This court is in receipt of defendants' December 18, 2009 and plaintiffs' responsive letter of the same date re this court's December 16, 2009 "Order Granting In Part and Denying in Part Plaintiffs' Motion to Compel" (Docket No. 345). Having considered both letters, this court supplements and clarifies its December 16, 2009 order with respect to defendants' revenue spreadsheets as follows: Plaintiffs' motion to compel the production of documents underlying defendants' revenue spreadsheets is denied. With respect to revenue allocation, it appears that underlying documents do not exist. (See, e.g., Kitchen Decl. ISO Defendants' Sur-Reply). Plaintiffs have not otherwise convincingly demonstrated that defendants failed to satisfy their reasonably construed discovery obligations. Dated: December 22, 2009 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

1 2 3 4 5 6 7 8 9 10

5:08-cv-00019-JW Notice has been electronically mailed to: Albert L. Sieber [e-mail] Antonio Luis Cortes [e-mail] Jedediah Wakefield [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Laurence F. Pulgram [e-mail], [e-mail] Liwen Arius Mah [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Mary Elizabeth Milionis [e-mail], [e-mail] Ryan Jared Marton [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2